Kerala Govt Approaches High Court For Cancellation Of MLA Eldhose Kunnappilly's Anticipatory Bail In Rape Case

A Petition has been moved before the Kerala High Court by the state government challenging Thiruvananthapuram Court's order granting anticipatory bail to the Congress MLA Eldhose Kunnappilly in a case accusing him of rape and attempt to murder.

In the Petition, moved through Additional Public Prosecutor, it has been argued that the lower court erred in granting pre-arrest bail at the initial stage of investigation. The State has said that custodial interrogation is highly necessary in the case. 

According to the police case, Kunnappilly, who is an MLA representing Perumbavoor constituency, allegedly maintained frequent contact with the victim through calls and Whatsapp messages since 2018. He would also send her obscene videos and also "instigated her" to visit the MLA Hostel. It is alleged that on July 4, the accused invited the victim to Somatheeram Resort in Kovalam on the pretext of him having a meeting there, and proceeded to rape her by giving her false assurance that he would look after her "for the rest of her life." The prosecution has alleged that there were several such incidents of physical assault and rape with the victim.

The Additional Sessions Court at Thiruvananthapuram in Kerala, earlier granted anticipatory bail to the MLA. ASJ Prasun Mohan in the order said the victim or rape survivor in her first complaint dated September 28 never "asserted" that the accused raped her "on any dates before the date of presenting the complaint". Survivor was well aware of the fact that the Ist accused is a married man maintaining a family relationship, the court had said.

In the appeal, the State has submitted that the long-standing relationship between the accused and the victim ran into rough weather when she was raped and physically assaulted several times by the accused. 

While granting anticipatory bail, the lower court should have considered whether prima facie case existed against the petitioner on the basis of the materials placed before the Court, it has argued

Instead, the lower court based its conclusions only on the complaint given by the de facto complainant before the Commissioner of Police, Thiruvananthapuram and considered it along with the statement given by the victim when she was produced before the JFCM, Thiruvanathpuram pursuant to a "man missing complaint", the prosecution has said while seeking cancellation of the MLA's pre-arrest bail. 

Two days after he was given the anticipatory bail, the Congress in Kerala had suspended Kunnappilly from the party for six months. 

Case Title: State Of Kerala v. Eldose Kunnapilly